[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54383-54384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27641]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8-R]
RIN-0720-AA42


OCHAMPUS; State Victims of Crime Compensation Programs; Voice 
Prostheses

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule establishes OCHAMPUS as primary payer 
to State Victims of Crime Compensation Programs and establishes voice 
prostheses as a CHAMPUS benefit.

DATES: The amendments to Sec. 199.2 and Sec. 199.8 are effective 
September 13, 1994 and the revision of Sec. 199.4(g)(48) is effective 
October 5, 1994. Written comments will be accepted until December 19, 
1997.

ADDRESSES: Forward comments to the OCHAMPUS, Program Development 
Branch, Aurora, CO 80045-6900.

FOR FURTHER INFORMATION CONTACT:
Connie Kiese, OCHAMPUS, Program Development Branch, telephone (303) 
361-1178.

SUPPLEMENTARY INFORMATION: Under 10 U.S.C. 1079(j)(1), no CHAMPUS 
benefits shall be available for the payment for any service or supply 
for persons enrolled in any other insurance, medical service, or health 
plan to the extent that the service or supply is a benefit under the 
other plan, except in the case of those plans administered under title 
XIX of the Social Security Act (Medicaid)(51 FR 24008). Therefore, in 
all double coverage situations, and for all classes of beneficiaries, 
CHAMPUS shall be secondary payer except when the other medical coverage 
is provided through Medicaid.
    However, on September 13, 1994, Public Law 103-322 was signed into 
effect. Section 230202 of that law states that notwithstanding any 
other law, if the compensation paid by an eligible crime victim 
compensation plan would cover costs that a Federal program or a 
federally financed State or local program would otherwise pay,----
    (1) Such crime compensation program shall not pay that 
compensation; and
    (2) The other program shall make its payments without regard to the 
existence of the crime victim compensation program.
    This provision mandates that CHAMPUS assume primary payer status

[[Page 54384]]

to State Victims of Crime Compensation Programs.
    This interim final rule is being published and no previous public 
comment period has been requested. The change is mandated through 
public law signed into effect on September 13, 1994, and we do not 
believe it is in the public interest to delay the implementation 
through the publication of a proposed rule. However, for a period of 60 
days following the date of publication of this interim final rule in 
the Federal Register, we will accept public comments and, when 
appropriate, will revise the amendment. A notice advising of any 
revision prompted by public comments will be published in the Federal 
Register not later than 90 days following the end of the comment 
period. Benefits will be granted retroactively, effective September 13, 
1994 for State Victims of Crime Compensation Programs and voice 
prostheses.
    The National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337), section 705, October 5, 1994, added voice prostheses to 
the benefits available under CHAMPUS. Benefits will be granted 
retroactively, effective October 5, 1994.
    Because this change is also mandated through public law, we do not 
believe it is in the public interest to delay the implementation 
through the publication of a proposed rule. A comment period of 60 days 
following the date of publication of this amendment in the Federal 
Register is provided.
    Effective September 13, 1994, CHAMPUS is considered primary payer 
to state victims of crime compensation programs. The effective date for 
the new CHAMPUS benefit of voice prosthesis is October 5, 1994.

Regulatory Procedures

    The Regulatory Flexibility Act (RFA) requires that each federal 
agency prepare, and make available for public comment, a regulatory 
flexibility analysis when the agency issues a regulation which would 
have a significant impact on a substantial number of small entities.
    This interim final rule is not a significant regulatory action 
under Executive Order 12866. The changes set forth in this interim 
final rule are minor revisions to the existing regulation. Since this 
interim final rule does not impose information collection requirements, 
it does not need to be reviewed by the Executive Office of Management 
and Budget under authority of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501-511).

List of Subjects in 32 CFR Part 199

    Claims, Handicapped, Health insurance, Military personnel.

PART 199--[AMENDED]

    Accordingly, 32 CFR part 199 is amended as follows:
    1. The authority citation for part 199 continues to read as 
follows:

    Authority: 5 U.S.C. 301; and 10 U.S.C. Chapter 55.

    2. Section 199.2(b) is amended by adding a definition ``State 
Victims of Crime Compensation Programs'' in alphabetical order to read 
as follows:


Sec. 199.2  Definitions.

* * * * *
    (b) * * *
    State Victims of Crime Compensation Programs. Benefits available to 
victims of crime under the Violent Crime Control and Law Enforcement 
Act.
* * * * *
    3. Section 199.4 is amended by revising paragraph (g)(48) to read 
as follows:


Sec. 199.4  Basic program benefits.

* * * * *
    (g) * * *
    (48) Prosthetic devices. Prostheses, except artificial limbs, voice 
prostheses and eyes, or if an item is inserted surgically in the body 
as an integral part of a surgical procedure. All dental prostheses are 
excluded, except for those specifically required in connection with 
otherwise covered orthodontia directly related to the surgical 
correction of a cleft palate anomaly.
* * * * *
    4. Section 199.8 is amended by revising paragraphs (b)(3)(iii), 
(b)(3)(iv) and by adding paragraph (b)(3)(v) as follows:


Sec. 199.8  Double coverage.

* * * * *
    (b) * * *
    (3) * * *
    (iii) Entitlement to receive care from Uniformed Services medical 
care facilities;
    (iv) Certain Federal Government programs, as prescribed by the 
Director, OCHAMPUS, that are designed to provide benefits to a distinct 
beneficiary population and for which entitlement does not derive from 
either premium payment of monetary contribution (for example, the 
Indian Health Service); or
    (v) State Victims of Crime Compensation Programs.
* * * * *
    Dated: October 10, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-27641 Filed 10-17-97; 8:45 am]
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